Fijileaks founding Editor-in-Chief VICTOR LAL:

The delay in not lodging an asylum claim on arrival in a country is not a ground to ambush someone and deport him to PNG. Yes, Loghaman Sawari travelled on a PNG passport (fake or genuine) but that does not mean he is or was safe there. Australia wrongly sent Sawari to the men-only camp on Manus Island as a 17-year-old in August 2013, despite the fact he was carrying a photocopy of his national identity document that showed his birth date, and told immigration officials he was under 18. When the mistake was discovered, and the Australian authorities conceded the mistake, he was not removed from Manus, but kept on the island, locked in isolation with another child, until his 18th birthday. During his incarceration he was also assaulted by a security guard for asking for more washing powder; he was taken to hospital for medical treatment. Sawari also attempted to commit suicide. He was later accepted as a refugee and had lived in Papua New Guinea outside the camp. But he complained he had been physically attacked by locals, threatened, harassed and had lived for a period in poverty on the street (Remember the Indo-Fijian victims of Rabuka and Speight coups). Meanwhile, he was lured into giving himself up to Fiji Immigration authorities on the understanding that he (through his lawyer) would finally explain his case. But he was TRICKED, ARRESTED and DEPORTED to Papua New Guinea. Since he was not even allowed to argue his case, Khaiyum and the UNHCR cannot claim that his application would have been without MERIT. If UNHCR advised Khaiyum on Sawari's legal standing which resulted in his (Sawari's) deportation, then UNHCR is equally complicit in the violation of UN convention on refugees and asylum seekers. It is quite clear that Sawari took ten days to finally come forward because he had feared from the day he landed in Fiji that he would be DEPORTED to Papua New Guinea by Fiji's Attorney-General and Minister of Justice, Aiyaz Sayed Khaiyum, the man who himself*****LIED*****on his visa application to try and sneak into the United States

“A person who knowingly misleads or attempts to mislead any immigration officer in relation to any matter material to the performance or exercise by any immigration officer of any duty, function, power or discretion commits an offence.” - Aiyaz Khaiyum, justifying Sawari's deportation to PNG.

LAWLESS

Khaiyum explains why Sawari has been deported to PNG

By Vijay NarayanFriday 03/02/2017Fijivillage News

Attorney General Aiyaz Sayed-Khaiyum has stated that Loghman Sawari was deported from Fiji to Papua New Guinea today after entering Fiji on a Papua New Guinean passport.

Sayed-Khaiyum says Sawari is claiming to be a refugee but did not present himself as a refugee seeking asylum to immigration officials on arrival in Fiji, nor, after ten days, did he lodge an application for asylum, personally or through his lawyer.

The Attorney General also reveals that the United Nations High Commissioner for Refugees (UNHCR) has advised Fiji that Sawari is not recognised as a refugee under the UNHCR mandate.

Sayed-Khaiyum says UNHCR has further advised that he is a refugee recognised by Papua New Guinea under its national procedures, so Fiji has merely returned Sawari to his rightful place of residence. He also says Sawari eluded the authorities during his ten days in Fiji while posting photographs of himself on social media at various locations. Sayed-Khaiyum says under international law, anyone who is seeking political asylum is required to lodge an application without delay.

He says in the case of Sawari, this did not happen.

The Attorney General says Sawari’s lawyer who has been publicly advocating his position through the media, failed to facilitate a prompt application as required under international conventions pertaining to applications for refugee status. Sayed-Khaiyum also confirms that the authorities in Fiji have been informed by their Papua New Guinean counterparts that Sawari’s Papua New Guinea passport was obtained by fraudulent means.

He says on this basis, Sawari was also in breach of Fijian law which states that “a person who knowingly misleads or attempts to mislead any immigration officer in relation to any matter material to the performance or exercise by any immigration officer of any duty, function, power or discretion commits an offence.”

The Attorney General says the Government notes that Sawari is claiming that he feared for his life. He says this begs the question as to why for ten days he failed to file an application for asylum. Sayed-Khaiyum says despite several attempts by the Immigration Department to engage with Sawari, these attempts were ignored.

The Attorney General says Fiji remains fully committed to the Convention and Protocol Relating to the Status of Refugees, but we cannot tolerate a situation in which a person who is not an asylum seeker and who has already been granted refugee status in another country flagrantly violates the law.

Lautoka lawyer Aman Ravindra-Singh with his client Loghman Sawari's bags which he could not take with him after officials apprehended him

THE lawyer for Iranian national Loghman Sawari who was deported from the country this morning says his client entered Fiji through legal means.

At a press conference in Suva in the last hour, Lautoka lawyer Aman Ravindra-Singh said his client entered the country on a Papua New Guinea passport and was granted a tourist visa on arrival at the Nadi International Airport.

Mr Ravindra-Singh, however, could not confirm whether the passport his client was carrying was legitimate.He relayed that he was on his way to Suva to meet Immigration director Nemani Vuniwaqa and lodge his client's application to seek asylum in Fiji.

The lawyer said he was given the assurance from Mr Vuniwaqa that nothing would happen to his client.

However, Mr Ravindra-Singh said his journey with his client from Lautoka to Suva was halted after Police stopped his car and apprehended his client.

He said after putting his client into another car, the Police officers sped towards Sigatoka Town.

Mr Ravindra-Singh said he followed the vehicle that transported his client and the vehicle stopped at the town where his client was put into another vehicle driven by Immigration officials.

He said at that point, he questioned the immigration officials why they were taking his client, and the response he received from the officials was that "it was a directive".

Mr Ravindra-Singh said he was shown a paper that carried the letterhead of the Immigration Department for a few seconds and he was not able to gather the particulars of the letter.

He said his client was then taken to the Nadi International Airport and was put on the next flight bound for PNG.

Mr Raj said the deportation raised fundamental questions about Fiji's capacity to balance the imperatives of national security with its international human rights laws.

He said the deportation showed that Fiji's immigration officials were not well versed with the laws and needed more training on the matter.

"From the perspective of international human rights law, Mr Sawari's deportation is contrary to international human rights law, and in particular Article 31, Article 32 and Article 33 of the 1951 Convention Relating to the Status of Refugees which Fiji succeeded to in 1972," Mr Raj said at a press conference in Suva today.Article 32 on expulsion provides that:

1. The contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order;2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority; and3. The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country. The Contracting States reserve the right to apply during that period such internal measures as they may deem necessary.

Mr Raj said the Commission was concerned that the deportation decision by the Immigration department had the possibility of exposing Mr Sawari to inhumane and degrading treatment. Source: Fiji Times, 3 February 2017

Fijileaks: The Law of Refugee Status has, at its core, five key elements of the Refugee Convention definition of refugee status:(a) alienage;(b) genuine risk;(c) serious harm for which the state is accountable;(d) nexus to civil or political status; and(e) the need for and appropriateness of international protection

The questions to be addressed in the determination process, the students of refugee studies and asylum law are taught, are as follows: standard of proof in refugee claims; the use of international human rights law to inform refugee determination; the extent of a state's duty to protect its citizens; prosecution as distinguished from persecution; the violation of socio-economic human rights as the basis for a refugee claim; and the determination of claims grounded in generalised circumstances

Lawyer Aman Ravindra Singh said Sawari was in a “very, very horrible state” because of the aggression used to remove him. “He could have walked to the vehicle. He’s been through a lot. The way they did things, it was almost like special forces jumping out of nowhere, making the whole atmosphere so aggressive. It was totally uncalled for. Serious criminals walk free in this country whereas asylum seekers, genuine refugees, are treated like criminals.”

This case has given Fijians a lot of insight into the border security issues. It clearly shows that a lot of illegal activities may be going undetected. It's also a pity to see so many human rights defenders awake all of a sudden and making unnecessary noise. I would like to say job well done immigration and government. Next target should be finding the person who was providing support to this wannabe refugee and sheltering him. There is definately a lot of traitors in Fiji. Start by prosecuting the lawyer.

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just wonderful

3/2/2017 12:17:20 pm

Tomasi seems hell-bent on punishing the family who had kindly offered shelter to Sawari in his time of need. Is he driven by fear or ignorance?

Perhaps he ought to heed this biblical verse from Hebrews 13:1-3 :

"Do not neglect to show hospitality, for by that means some have entertained angels without knowing it. Be as mindful of prisoners as if you were sharing their imprisonment, and of the ill-treated as of yourselves, for you may yet suffer as they do."

That said, Tomasi couldn't be more accurate that there are "a lot of traitors in Fiji" - perhaps of his own kind who've breached the highest law of the land, time and again with impunity? And their hanger-ons hell-bent on enriching themselves with ill-gotten gains and scams of every shade that would probably come to light sooner had we a free, independent and an uncensored media. What do you say Tomasi?

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Tomasi Tabanidalo

3/2/2017 11:19:47 pm

@smartarse just wonderful, why doesn't this so called persecuted Muslims go to Arab countries and seek refuge? America has not attacked Iran so whom are Muslims running away from in Iran. Iran is a Islamic country. R u telling me Muslims are killing Muslims in Iran and you want Fiji to accept garbage from there and make it garbage land. Everyone that has a problem with Fiji's refusal to accept this person should gracefully pack up and join him in PNG or in one of the Arab countries. See how welcoming your own brothers are. Indonesia, Malaysia, Saudi Arabia, Pakistan, Bangladesh and Kuwait has never been infiltrated by US so all the Muslim brotherhood followers should seek refuge there and live the Islamic way of life. Leave my Fiji alone from your polluted beliefs. Pack up and feel free to catch the next flight to any of these countries if you have a problem. We have had enough of you back stabbing traitors.

just wonderful

3/2/2017 01:17:43 am

Deeply disappointed at the manner this entire sorry saga was dealt with. And I feel terribly sorry for Sawari.

This has been par for course on all high profile deportations since 2006 following the coup - both domestic and international law have been repeatedly, tossed aside. Hats off to his lawyer Aman Singh who did the best he could under very difficult circumstances.

"How blessed are the poor in spirit, for theirs is the kingdom of Heaven; And how blessed are those who are persecuted for justice's sake, the kingdom of Heaven is theirs."

May God Bless Sawari, Aman and all refugees.

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Kaisi B

3/2/2017 10:01:14 am

Thank you for feeling Sorry - There is some decency in that.

Fanning the Fire otherwise - smart-arse!!

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just wonderful

3/2/2017 01:18:21 pm

@ Kaisi B - fanning what flame?

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Rajend Naidu

3/2/2017 11:05:06 am

Just caught an ABC 24 interview with David Manne the executive director of Refugee Legal in Melbourne. He said Fiji appeared to have " flagrantly violated " its obligations under the United Nations refugee convention by deporting Mr Sawari without even hearing his claim to asylum. The central obligation really of Fiji as a signatory is to ensure that it does not expel a person seeking protection to a place where they may well face further dangers.
He said Mr Sawari who had suffered greatly in PNG had indicated his intention by engaging a lawyer and was preparing to present himself to the Fiji authorities but was prevented from doing . He said the claim by the Fiji authorities that Mr Sawari did not seek asylum promptly does not hold water .

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just wonderful

3/2/2017 01:04:28 pm

I've just read in the Fiji Times the heart-breaking story of the family from Namotomoto village (which we all know is the village right next to Nadi town) who looked after Sawari.

The kind lady says that Sawari showed her his PNG passport and it had his full name on it. The poor kid has been kicked around by the nasty bullies (Aust, PNG and Fiji) who are so mighty scared of being shown their own reflection in the mirror.

I have to share with you yesterday's homily which speaks directly to Sawari's case:

"God comes to us in various guises because He is the God of surprises. It is easy recognise him in skilfully sculptured statues and pleasingly painted pictures. The real challenge is to recognise Him in the rags and tatters of our human existence, in persons who do not resemble Him and at times are real caricatures. It is this "unattractive God" that we need to warmly welcome and generously play host to. Showing hospitality is a corporal work of Mercy: sheltering the stranger, feeding the hungry and clothing the naked.

In the evening of our life, it is by LOVE alone that we shall be judged."

May God have mercy on us for our pathetic weaknesses and failures.

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Nah Bai Nah

3/2/2017 01:59:36 pm

Is anyone surprised by Mahendra Pal Chaudhry's view that the refugee Sawari's deportation is a good decision and all that?
That is only giving evidence of this purportedly democratic leader's fascist tendency.
Remember he was also instrumental in the deportation of the media man Russel Hunter.
Chaudhry is the leader of the Fiji Labour Party which claims in its banner to stand for Peace, Freedom, Justice and Democracy.
The refugee Sawari had none of that in his treatment by the Fijian State and Chaudhry says that is ok.
What a pathetic leader !

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Rajend Naidu

3/2/2017 02:34:57 pm

Myanmar's iconic pro-democracy leader Nobel Peace Laucreate Aung Sung Sui Kyi vows to investigate crimes against Rohingya ( ABC 24 News 4/2 ).
I don't think any of the long suffering and persecuted Rohingya will be holding their breath for Kyi's investigation into crimes committed against their ethnic Muslim community.
No ordinary crimes. According to the UN the mass slaughter and rape and burning of Rohingya villagers that has been going on for ages amounts to ethnic cleansing and crime against humanity.
Even Sui Kyi has been criticised for taking a stand to defend the Rohingya from the atrocities and persecution.
The treatment of the Rohingya Muslim refugees in Myanmar is an indictment not only against the Myanmar regime but against humanity.
It's humanity's disgrace that this can be allowed to happen.

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Oreally

4/2/2017 01:01:24 am

Australias says Fiji flagrantly violated it refugee obligation yeah right. Australia is the one that dumped these refugees on Manus and PNG. Where was australias refugee obligation. More aussie bullshit . Where you live in Australia don't start believing their bullshit. They should clean up their mess. No wonder Trump said refugee deal with Australia is dumb and he was right. Australia should start accepting refugees.You think Fiji cares what Australia thinks .Kai doesn't want Australia in the Pacific islands forum.

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"...Secrecy is the keystone of all tyranny. Not force, but secrecy... censorship. When any government, or any church for that matter, undertakes to say to its subjects, 'This you may not read, this you must not see, this you are forbidden to know,' the end result is tyranny and oppression, no matter how holy the motives." --Robert A. Heinlein, -If This Goes On